The veteran is seeking compensation under the 38 U.S.C.A. § 1151 for refractory anemia, which allegedly resulted from radiation treatment at a VA medical facility in January 2006. The claim must be remanded to ensure compliance with the new version of 38 C.F.R. § 3.361 and obtain recent VA outpatient records.
The deciding factor: The veteran's claim is for compensation under 38 U.S.C.A. § 1151, which requires a review under the current law as amended in 38 C.F.R. § 3.361.
- Claimed conditions
- refractory anemia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- December 31, 2008
- Citation
- 0845167
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Search VA.gov for the original decision (opens in a new tab) using citation 0845167.
What this means for you
A remand sends an issue back for more development, often a new examination or missing records. It does not award the benefit or decide the final outcome. The original decision explains the additional work ordered.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's cause of death is due to cardio-respiratory failure caused by refractory anemia and bone marrow failure. The Board finds that the Veteran's diagnoses of leukemia and myelodysplastic syndrome are not related to service, including exposure to herbicides.
- Granted
The Board has determined that the Veteran's refractory anemia, claimed as due to exposure to ionizing radiation during his service in Hiroshima, is service-connected for accrued benefits purposes.
- Remanded (sent back)
The veteran seeks compensation for refractory anemia resulting from VA treatment, but the claim is remanded due to insufficient evidence regarding causation.
- Denied
The Board denied service connection for the cause of the veteran's death and denied dependency and indemnity compensation under 38 U.S.C.A. § 1318 due to lack of evidence linking the cause of death (refractory anemia) to military service or a service-connected disability.
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